BILL ANALYSIS
AB 1207
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Date of Hearing: April 21, 2009
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Anthony Portantino, Chair
AB 1207 (Logue) - As Amended: April 13, 2009
SUBJECT : Exemption from nonresident student tuition.
SUMMARY : Prohibits a person without lawful immigration status
from qualifying for resident tuition at the California State
University (CSU) and the California Community Colleges (CCC),
under the provisions of AB 540 (Firebaugh), Chapter 814,
Statutes of 2001. Specifically, this bill:
1)Requires students lacking lawful immigration status to pay
non-resident tuition until their legal status is secured
through lawful means.
2)Deletes the requirement that a person without lawful
immigration status file an affidavit with the institution of
higher education stating that the student has filed an
application to legalize his or her immigration status or will
file an application as soon as he or she is eligible to do so.
EXISTING LAW :
1)Exempts specified nonresidents of California from paying
nonresident tuition at CSU and CCC if they meet all of the
following:
a) Attended a California high school for three or more
years;
b) Graduated from a California high school or attained an
equivalent degree;
c) Registered at or attended an accredited California
higher education institution beginning fall of the 2001-02
academic year; and,
d) If an alien without lawful immigration status, has filed
an affidavit stating that the student has filed an
application to legalize his or her immigration status or
will file such an application as soon as he or she is
eligible to so do.
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2)The University of California (UC), by resolution, complies
with existing law, established by AB 540.
FISCAL EFFECT : Unknown
COMMENTS : Background : Students who are eligible for resident
tuition under the provisions of AB 540 are typically persons
without lawful immigration status or United States (U.S.)
citizens or Permanent Residents who are residents of another
state and would be ineligible for state-administered or
campus-based financial aid programs without the provisions of AB
540. According to the Legislative Analyst's Office (February
2009), the percentage of "AB 540 students" who lack legal
residency is not known because the segments do not track
immigration status when granting residency for tuition purposes
under AB 540. In 2008-09, non-resident tuition amounted to
about $20,000 at UC, $10,000 at CSU, and $4,800 at CCC per year.
Purpose of this bill : According to the author, this bill will
halt in-state tuition giveaways to illegal immigrants.
AB 540 rationale : AB 540 was enacted in part to address
circumstances when a student, who was brought to the U.S. as a
child by his or her parents, was deemed a nonresident for
tuition purposes when attending UC, CSU, or CCC. Often, these
students were unaware that they were not legal U.S. residents,
having spent most of their life in this country. AB 540 was
drafted to provide access to in-state tuition based on high
school attendance and other factors rather than legal status in
order to comport with federal law while recognizing that these
students' educational success will benefit the state and its
economy.
Path to citizenship : According to the National Immigration Law
Center, attaining legal status in the U.S. is complex, lengthy,
and expensive. For example, undocumented students from Mexico
who are sponsored by family members can face a wait of as long
as 7-17 years, depending upon which category the student is in.
For undocumented students without eligible family members or
other very specific circumstances, there is often no path to
citizenship. The federal government is considering
comprehensive reform to address the problems with the U.S.
immigration process. The Dream Act is one component of the
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federal effort; sponsored by a bipartisan coalition of U.S.
Senators and Representatives, it would legalize 65,000
undocumented students who were brought to the U.S. as young
children and who have since grown up here and seek to continue
their education.
Systems for tracking : This bill will require UC, CSU, and CCC
to develop and implement systems for tracking the legal status
of AB 540 students, diverting resources from other priorities.
Other states : In addition to California, nine states provide
tuition benefits for undocumented students: Illinois, Texas, New
York, Washington, Kansas, Nebraska, New Mexico, Oklahoma, and
Utah. Two states-Georgia and Colorado-explicitly restrict
access to lower tuition rates for undocumented students.
Martinez v. UC Regents : In 2005, the Immigration Reform Law
Institute filed suit against UC, on behalf of UC students who
are residents of other states and pay non-resident tuition. The
students contend that AB 540 violates federal law that requires
that "an alien who is not lawfully present in the United States
shall not be eligible on the basis of residence within a State ?
for any postsecondary education benefit unless a citizen or
national of the United States is eligible for such a benefit?"
The case was dismissed by a trial court in 2006; however, the
students appealed, and in September 2008, the state appellate
court ruled that AB 540 does in fact conflict with federal law
and "thwarts the will of Congress." UC appealed to the
California Supreme Court, which in December 2008 agreed to hear
the appeal. AB 540 remains in effect while the case works its
way through the legal process.
Related legislation : AB 454 (Knight), which failed passage in
this Committee on March 31, 2009, would have repealed AB 540.
It was amended on April 13, 2009, to prohibit CSU and UC from
receiving state support for AB 540 students and is set for
reconsideration in this Committee on April 21, 2009.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
AB 1207
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Asian Pacific American Legal Center
Asian Americans for Civil Rights and Equality
California Catholic Conference
California Community College League
California Immigrant Policy Center
Coalition for Humane Immigrant Rights of California
Hispanic Association of Colleges and Universities
Los Angeles Community College District
Rio Hondo Community College District
San Jose-Evergreen Community College District
Services, Immigrant Rights, and Education Network
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960